Some Injuries Warrant Compensation from Third Parties

A person who is unable to work because of a job-related injury or illness in Pennsylvania is usually entitled to medical benefits and wage replacement through the Pennsylvania workers’ compensation system. For example, if a crane drops a load of material that strikes and injures a construction worker, the worker would likely be entitled to workers’ compensation benefits.

While workers’ compensation benefits are certainly a welcome relief, they sometimes fall short of covering all expenses a worker incurs from a work-related injury or illness. Moreover, workers’ compensation does not cover pain and suffering, even if an accident results in life-altering injuries. In some cases, however, a worker may be entitled to pursue a third-party lawsuit for additional compensation.

What Is a Third-Party Claim?

A third-party claim is a legal claim filed by an injured party against someone for negligence. You cannot file a third-party claim against your own employer or someone who works for your employer. However, if a third party caused or contributed to your injuries or illness, then you may be able to file a third-party claim against the party.

A third-party claim is a personal injury lawsuit, meaning that you could be entitled to both economic and non-economic damages. Economic damages cover medical bills or lost wages, while non-economic damages cover pain and suffering.

Only an Worker’s Compensation can evaluate the facts and circumstances of your case to determine if you have the basis for a third-party claim. However, some common scenarios where a third-party claim might exist include:

Product defects— If equipment you were using was defective, such as the crane in the above example, you might have a claim against the manufacturer of the equipment.

Motor vehicle accidents – If you are driving while in the scope of employment and are in a collision, but the other driver was at fault, you may have both a workers’ compensation claim as well as a third-party claim against the other driver.

Premises liability – If you are injured while in the scope of employment on the property of another party, you could have a third-party claim if the other party’s premises were unsafe.

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Larry Levin is one of the managing partners of Shor & Levin, P.C. - The Bulldog Lawyers. He has over 40 years of experience in representing the interests of Pennsylvania workers who have been injured on the job. Larry has dedicated his career to fighting for the rights of workers and helping them get back on their feet.

We Wrote The Book on Comp

What sets Larry Levin & Jay Shor apart from other firms is the two points of wisdom they have learned over the years:They get back to their clients, and they insist to do it personally. The second is their dedicated staff, some of whom have been practicing law for over 16 years. They have a loyalty that translates into the best representation an injured worker can have.
Over the years, we’ve tried thousands of workers’ compensation cases throughout Pennsylvania. If you need legal help, the Bulldog Lawyers will fight for you.

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